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RULE §67.73Documentary Evidence

(a) Documentary evidence may be received in the form of copies or excerpts, upon a showing that the original is not readily available. On request, however, Parties shall be given an opportunity to compare the copy with the original.

(b) When a large number of similar documents are offered, the Examiner may limit those admitted to a number which are typical and representative, and may, in his discretion, require a summarization of the relevant data from the documents and the presentation of the summary in the form of an exhibit; however, before making this requirement, the Examiner shall see that all Parties of record or their Authorized Representatives are given a reasonable opportunity to examine the documents from which the summaries are made.

(c) Documents containing confidential medical or psychiatric records or health information or sensitive data as defined by Texas Rules of Civil Procedure 21c(a) may, upon proper and timely motion, be placed under seal and access limited to the Parties, the Examiner, the Executive Director, his/her staff and the Board or its designee in accordance with applicable law. In Proceedings involving allegations of misrepresentation, improper failure to disclose or other misconduct by the Appellant, the interests of the plans and programs administered by the Board shall be considered in ruling on a motion to seal records, and the Examiner's Order on the motion shall be subject to review by the Board or its designee. Nothing in this section shall be construed as limiting ERS' discretion to share evidence of criminal misconduct with any appropriate law enforcement authority or to otherwise disclose or use the confidential information as authorized by law. The requirements of Texas Rule of Civil Procedure 76a shall not be applicable in ERS Proceedings.

Source Note: The provisions of this §67.73 adopted to be March 19, 1986, 11 TexReg 1149; amended to be effective January 10, 1999, 24 TexReg 165; amended to be effective September 14, 2006, 31 TexReg 7359; amended to be effective December 24, 2015, 40 TexReg 9302

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